TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 92

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

proposals themselves, indeed it would be surprising had it done so. But in seeking to implement the policies set out in the Joint Declaration, the draftsmen of the Basic Law needed to consider, on the one hand,

on the one hand, whether there were aspects or consequences of the constitutional relationship between the Hong Kong SAR and the centre that were either so self evident that they did not need to be stated expressly in the Basic Law or were adequately provided in other laws of the PRC which would apply to Hong Kong and, on the other, whether it was necessary or desirable to set out expressly in the Basic Law particular consequences of the PRC's resumption of sovereignty which had not been set out in the Joint Declaration. That raised a number of problems. The first of them was the prior question, to what extent could the PRC Constitution accommodate the concept of 'one country two systems' if one of those systems were to depart so radically from the general principles or basic systems set out in the PRC Constitution as to contemplate the maintenance of the capitalist system in a part China[71

part of

The PRC

Constitution

Issue

7.

The Constitution of the PRC provides that the "socialist system is the basic system of the People's Republic of China" (Art.1); the state "combats capitalist,

Article 31,

feudal and other decadent ideas" (Art.24); and "No law shall contravene the Constitution" (Art.4). which was introduced into the new Chinese Constitution in

6

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